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22 June 1860.

Ibid. 29.

Morocco and

Muscat.

this act conferred upon the minister and consuls in China. And all suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal, to which such matters are usually referred, at the place where a consul or agent of the United States may reside, and shall be discussed and decided according to equity, in the presence of an employé of the consul or agent of the United States; and it shall be the duty of the consular officer to attend the trial in person, and see that justice is administered. And all suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers, shall be tried and adjudicated by the intermediation of their respective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being, and the minister of such foreign powers respectively, which regulations shall, from time to time, be submitted to the secretary of state of the United States.

31. The provisions of this act, so far as the same are in conformity with the stipulaIn Tripoli, Tunis, tions in the existing treaties between the United States and Tripoli, Tunis, Morocco and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the said treaties, and of the provisions of this act, by the consuls appointed by the United States to reside therein, who are hereby ex officio invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in the first section of this act, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the said countries in their intercourse with the Franks or other foreign Christian nations.

Ibid. 30.

ized countries.

32. That the consuls and commercial agents of the United States at islands or in In other uncivil- countries not inhabited by any civilized people, or recognised by any treaty with the United States, be and the same are hereby authorized to try, hear and determine all cases in regard to civil rights, whether of person or property, where the real debt and damages do not exceed the sum of one thousand dollars, exclusive of costs; and upon full hearing of the allegations and evidence of both parties to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. And the said consuls and commercial agents respectively are hereby invested with the powers conferred by the provisions of the seventh and eighth sections of this act for trial of offences or misdemeanors. 33. All marriages in the presence of any consular officer in a foreign country, between who would be authorized to marry, if residing in the District of Columbia, persons consular officers shall have the same force and effect, and shall be valid to all intents and purposes as if the said marriage had been solemnized within the United States. And in all cases of marriages before any consular officer, the said consular officer shall give to each of the parties a certificate of such marriage, and shall also send a certificate thereof to the department of state, there to be kept; which certificate shall specify the names of the parties, their ages, places of birth and residence.

Ibid. 31.

Marriages before

regulated.

28 July 1866 211. 14 Stat. 322.

Jurisdiction in
Egypt.

11 June 1864 21. 13 Stat. 121.

Jurisdiction of foreign consuls

within the United States.

34. The provisions of the act to carry into effect the treaties between the United States and China, Japan, Siam, Persia and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States, in those countries, and for other purposes, approved June 22d 1860, shall extend to Egypt; and the consulgeneral at Alexandria shall have the power provided by section twenty-two of such act (a) for the consul-general or consul residing at the capital of a country where there is no minister.

III. POWERS OF FOREIGN CONSULS.

35. In all cases where it may have been or shall hereafter be stipulated, by treaty or convention between the United States and any foreign nation, to the effect that the consul-general, consuls, vice-consuls, or consular or commercial agents of the two nations respectively, shall have exclusive jurisdiction of controversies, difficulties or disorders arising at sea, or in the waters or ports of the one nation, between the master or other officer or officers and any of the crew, or between any of these last themselves, of any ship or vessel belonging to the other nation, such stipulations shall be executed and enforced within the jurisdiction of the United States as hereinafter declared: Provided, That before this act shall take effect as to the ships and vessels of any particular nation having such treaty with the United States, the president of the United States shall have been satisfied that similar provisions have been made for the execution of such treaty by the other contracting party, and shall have issued his proclamation to that effect, declaring this act to be in force as to such nation.

(a) Supra 22.

issue process for

tion.

36. In all cases within the purview of this act, the consul-general, consul or other 11 June 1864 § 2. consular or commercial authority of such foreign nation, charged with the appropriate Courts and comduty in the particular case, may make application to any court of record of the United missioners to States, or any judge thereof, or to any commissioner appointed under the laws of the foreign seanicn United States to take bail or affidavits, or for other judicial purposes whatsoever, on request. setting forth that such controversy, difficulty or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping article, roll or other proper paper of the ship or vessel, to the effect that the person in question is of the crew or ship's company of such ship or vessel; and further stating and certifying that such person has withdrawn himself, or Form of applicais believed to be about to withdraw himself, from the control and discipline of the master and officers of the said ship or vessel, or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial authority in the premises; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States, and thereupon such judge, commissioner or other judicial officer, on inspection of such application, the same being in writing and duly authenticated by the consular or other sufficient official seal, shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the Warrant. appropriate district, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place. And if, on such examination, it shall be made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this shall not be made to appear, and such judge, Commitment. commissioner or other judicial authority shall find, upon the papers herein before referred to, a sufficient primâ facie case that the matter concerns only the internal order and discipline of such foreign ship or vessel, or whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or to the master or chief officer of such foreign ship or vessel, in his discretion, to be subject to the lawful orders, control and discipline of the master or chief officer for the time being of such ship, and to the jurisdiction of the consular or commercial authority of the nation to which such ship or vessel may belong, to the exclusion of any authority or jurisdiction in the premises of the United States, or any state thereof: Provided, nevertheless, That the expenses of the arrest and Expenses, how paid. the detention of the person so arrested shall be paid by the consul-general, consuls or vice-consuls: And provided further, that no person shall be detained more than two Limit of imprimonths after his arrest, but at the end of that time shall be set at liberty, and shall sonment. not again be arrested for the same cause.

IV. MISCELLANEOUS PROVISIONS.

11 Stat. 404.

North America.

37. The salary provided by the third section of "An act to regulate the diplomatic 3 March 1859 ? 2. and consular systems of the United States," approved August 8th 1856, as compensation for the consul-general of British North America, as by schedule B, shall be in full Salary of consulgeneral of British of all compensation allowed to that officer. And all fees received by any vice-consul or commercial agent in British North America, exceeding the amount allowed by the president as compensation for his services, and all fees received by said consul-general, shall be accounted for by such officers respectively to the treasury of the United States. 38. American vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year, anything in the law or regulations respecting consular fees to the contrary notwithstanding. (a)

5 Aug. 1861 31.

12 Stat. 315.

Consular fees in

certain cases.

20 June 1864 2.

13 Stat. 159.

consular clerks.

39. That the president be and is hereby authorized, whenever he shall think the public good will be promoted thereby, to appoint consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States, and over eighteen Appointment of years of age at the time of their appointment, and shall be entitled to compensation for their services respectively at a rate not exceeding one thousand dollars per annum, to be determined by the president; and to assign such clerks, from time to time, to such consulates and with such duties as he shall direct and before the appointment of any such clerks shall be made, it shall be satisfactorily shown to the secretary of state, after due examination and report by an examining board, that the applicant is qualified

(a) Notwithstanding this act, the master of an American vessel sailing to or between ports in the British North American provinces, must deposit his papers with the consul. 11 Opin. 72.

20 June 1864.

Ibid. 3.

Fees of consul

North America.

and fit for the duties to which he shall be assigned, and such report shall be laid before the president. And no clerk so appointed shall be removed from office, except for cause stated in writing, which shall be submitted to congress at the session first following such removal.

40. That the third section of an act entitled "An act making appropriations for the consular and diplomatic expenses of the government for the year ending the 30th of general of British June 1860," approved March 3d 1859, is hereby repealed. And the fee for certifying invoices to be charged by the consul-general for the British North American Provinces, and his subordinate consular officers and agents, for goods not exceeding one hundred dollars in value, shall be one dollar, and the same fee shall be charged for certifying the growth or production of goods made duty free by the reciprocity treaty: Provided, however, That no such certificate of growth or production shall be required for goods not exceeding in value the sum of two hundred dollars. (a)

Ibid. 4.

41. The office of commercial agent at Hakodadi, Japan, may, at the discretion of the Consul at Hako- secretary of state, be changed to that of consul, to be classed with consuls other than those named in schedule B and C in the act approved August 18th 1856.

dadi.

25 July 1866

14 Stat. 226.

Fees to be accounted for.

Limitation of compensation.

3.

30 Mar. 1868 1. 15 Stat. 57.

Compensation of

certain consuls

42. All fees collected by any consul or commercial agent not mentioned in schedule B or C, or by any vice-consul or commercial agent appointed to perform their duties, or by any other person in their behalf, shall be accounted for to the secretary of the treasury, in the same mode and manner as is provided for in section eighteen of the act approved August 18th 1856, (b) entitled "An act to regulate the diplomatic and consular system of the United States." And when the fees so collected by any such consul or commercial agent amount to more than twenty-five hundred dollars in any one year, over and above the expenses of office-rent and clerk-hire, to be approved by the secre tary of state, of which return shall be made to the secretary of the treasury, the excess for that year shall be paid to the secretary of the treasury, in the mode provided for by said act.

43. All moneys received for fees at any vice-consulates or consular agencies of the United States, beyond the sum of one thousand dollars in any one year, and all moneys received by any consul or consul-general from consular agencies or vice-consulates in and vice-consuls. excess of one thousand dollars, in the aggregate, from all such agencies or vice-consulates, shall be accounted for and paid into the treasury of the United States; and no greater sum than five hundred dollars shall be allowed for the expenses of any viceconsulate or consular agency for any one year: Provided, That hereafter the compensation of consuls whose annual salaries do not, under existing law, exceed one thousand five hundred dollars, and the fees collected at the consulates where they are located and paid into the treasury of the United States amount to three thousand dollars, shall be two thousand dollars per annum.

20 July 1868.

15 Stat. 260. Consular fees,

44. No consul or consular agent of the United States shall exact tonnage fees from any vessel of the United States touching at or near ports in Canada, on her regular voyage from one port to another within the United States, unless said consul or consuvessels in Cana- lar agent shall perform some official services, required by law, for such vessel when she shall thus touch at a Canadian port. (c)

when due from

dian ports.

3 March 1869 23. 15 Stat. 321.

tion of invoices.

Penalty for

taking illegal fees.

45. The fee provided by law for the verification of invoices by consular officers shall, when paid, be held to be a full payment for furnishing blank forms of declaration to be Fees for verifica- signed by the shipper, and for making, signing and sealing the certificate of the consular officer thereto; and any consular officer who, under pretence of charging for blank forms, advice or clerical services in the preparation of such declaration or certificate, shall charge or receive any fee greater in amount than that provided by law for the verification of invoices, or who shall demand or receive for any official services, or who shall allow any clerk or subordinate to receive for any such service any fee or reward other than the fee provided by law for such service, shall be deemed guilty of a misdemeanor, and shall be dismissed from office, and on conviction before any court of the United States having jurisdiction of like offences be punished by imprisonment not exceeding one year, or by fine not exceeding two thousand dollars. And hereafter no consul, vice-consul, or consular agent in the dominion of Canada, shall be allowed tonnage fees for any services, actual or constructive, rendered any vessel owned and registered in the United States that may touch at a Canadian port; and that in the collection of official fees they shall receive foreign moneys at the rate given in the treasury schedule of the value of foreign coins. And hereafter, in cases of vessels making regular daily trips between any port of the United States and any port in the dominion of Canada, wholly upon interior waters not navigable to the ocean, no tonnage or clearance fees shall be charged against such vessels by the officers of the United States, except upon the first clearing of said vessel in each year.

Tonnage fees on vessels touching at Canadian

ports.

(a) See 9 Opin. 441.

(b) 1 vol. 186, pl. 64.

(c) See infra 45.

counts.

46. The president is authorized, on the recommendation of the secretary of the 8 March 1869 ? 4. treasury, to cause examinations to be made into the accounts of the consular officers Examination of of the United States, and into all matters connected with the business of their said consuls' acoffices, and to that end he may appoint such agent or agents as may be necessary for that purpose; and any agent, when so appointed, shall, for the purpose of making said examinations, have authority to administer oaths and take testimony, and shall have access to all the books and papers of all consular officers. And any agent appointed in this behalf shall be paid for his services a just and reasonable compensation, not exceeding five dollars per day for the time necessarily employed, in addition to his actual necessary expenses, the same to be paid out of the sum appropriated for expenses of collecting the revenue; but no greater sum than five thousand dollars shall be expended as compensation of such agent or agents in any one year. And the president shall communicate to congress, at the commencement of every December session, the names of the agents so appointed, and the amount paid to each, together with the reports of such agents.

Ibid. 25.

der accounts.

47. Any consular officer of the United States who shall wilfully neglect to render true and just quarterly accounts and returns of the business of his office, and of moneys Penalty for nereceived by him for the use of the United States, or who shall neglect to pay over any glecting to ren balance of such moneys which may be due to the United States, at the expiration of any quarter, before the expiration of the next succeeding quarter, shall be deemed guilty of embezzlement of the public moneys, and shall, on conviction thereof, before any court of the United States having jurisdiction of like offences, be punished by imprisonment not exceeding one year and by a fine not exceeding two thousand dollars, and shall be for ever disqualified from holding any office of trust or profit in the United States.

Ibid. 26.

48. No consul-general or consul now holding, or who shall hereafter hold, either of said offices, shall be permitted to hold the office of consul-general or consul at any other Holding of two consulate, or exercise the duties thereof; and hereafter there shall only be allowed to offices forbidden. any vice-consulate or consular agency, for expenses thereof, an amount sufficient to pay penses. Contingent exfor stationery and postage on official letters.

Contempts.

1. Testimony of witness not to be used in criminal prosecution Witness not to be excused because his testimony may disgrace against him. Privilege not to extend to official papers produced. him.

12 Stat. 333.

ness not to be

1. That the provisions of the second section of the act entitled "An act more effectu- 24 Jan. 1862 ? 1. ally to enforce the attendance of witnesses on the summons of either house of congress, and to compel them to discover testimony," approved January 24th 1857, (a) be Testimony of witamended, altered and repealed, so as to read as follows: That the testimony of a wit- used in criminal ness examined and testifying before either house of congress or any committee of either prosecution against him. house of congress, shall not be used as evidence in any criminal proceeding against such witness in any court of justice: Provided, however, That no official paper or record Privilege not to produced by such witness on such examination, shall be held or taken to be included extend to official papers produced. within the privilege of said evidence so as to protect such witness from any criminal proceeding as aforesaid; and no witness shall hereafter be allowed to refuse to testify Witness not to be to any fact, or to produce any paper touching which he shall be examined by either his testimony house of congress, or any committee of either house, for the reason that his testimony may disgrace touching such fact, or the production of such paper, may tend to disgrace him, or otherwise render him infamous: Provided, That nothing in this act shall be construed to exempt any witness from prosecution and punishment for perjury committed by him in testifying as aforesaid.

excused because

him.

(a) 1 vol. 190, pl. 4.

I. PUBLIC CONTRACTS.

Contracts.

11. Fraudulent army and navy contractors to be triable by

1. Certain contracts to be reported to congress. Only to be court martial. made in cases of emergency.

2. How purchases and contracts to be made.

3. Copies of contracts to be filed in the returns office. Also, proposals and advertisements.

4. Affidavit to be made to contract. Punishment of false swearing.

5. Penalty for not making returns.

6. Returns office established. Clerk. His duties.

7. Letters of instruction to be issued.

8. Contracts to be reported to congress.

9. Not to be transferable.

10. Supplies to be marked with contractor's name.

4 May 1858 4. 11 Stat. 269.

Certain contracts to be reported to congress.

2 Mar. 1861 10. 12 Stat. 220.

and contracts to be made.

12. Weekly list of proposals to be published.

13. Contracts to be advertised in papers of the largest circulation. 14. To be published in papers designated by congress. 15. Publication of contracts, further regulated.

16. Contracts for supplies limited to one year.

II. CONTRACTS FOR THE SALE OF COIN, ETC.

17. Contracts for sale of coin to be in writing. Stamp duty. Limitation of loans on coin.

18. Contracts in violation of the act to be void.

I. PUBLIC CONTRACTS.

1. Whenever hereafter contracts shall be made by the secretary of war, or the secretary of the navy, by virtue of the sixth section of the act approved the first of May 1820, (a) entitled "An act in addition to the several acts for the establishment and regulation of the treasury, war and navy departments," he shall, if congress be in session at the time, promptly report to both houses thereof the reasons for making such contract, stating fully all the facts and circumstances which, in his judgment, rendered such contract necessary; if congress be not in session at the time of making such contract, he shall, at the commencement of their next session, make such report to both houses; and no such contracts shall be made hereafter, except in cases of pressing exigency.

2. All purchases and contracts for supplies or services in any of the departments of the government except for personal services, (b) when the public exigencies do not How purchases require the immediate delivery of the article or articles, or performance of the service, shall be made by advertising a sufficient time previously for proposals respecting the same. When immediate delivery or performance is required by the public exigency, (c) the articles or service required may be procured by open purchase or contract, at the places, and in the manner in which such articles are usually bought and sold, or such services engaged between individuals. No contract or purchase shall hereafter be made unless the same be authorized by law, (d) or be under an appropriation adequate to its fulfilment, except in the war and navy departments for clothing, subsistence, forage, fuel, quarters or transportation, which however shall not exceed the necessities of the current year. And the third section of the act entitled "An act making appropriations for the legislative, executive and judicial expenses of the government for the year ending the 30th of June 1861," (e) shall be and the same is hereby repealed.

2 June 18621. 12 Stat. 411. Copies of contracts to be filed in the returns office.

Also proposals and advertisements.

Ibid. 22.

3. It shall be the duty of the secretary of war, of the secretary of the navy, and of the secretary of the interior, immediately after the passage of this act, to cause and require every contract made by them severally on behalf of the government, or by their officers under them appointed to make such contracts, to be reduced to writing and signed by the contracting parties with their names at the end thereof, a copy of which shall be filed by the officer making and signing the said contract in the “Returns Office" of the department of the interior (hereinafter established for that purpose), as soon after the contract is made as possible, and within thirty days, together with all bids, offers and proposals to him made by persons to obtain the same, as also a copy of any advertisement he may have published inviting bids, offers or proposals for the same; all the said copies and papers in relation to each contract to be attached together by a ribbon and seal, and numbered in regular order numerically, according to the number of papers composing the whole return.

4. It shall be the further duty of the said officer, before making his return, according to the first section of this act, to affix to the same his affidavit in the following made to contract. form, sworn to before some magistrate having authority to administer oaths: "I do

Affidavit to be

solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with -; that I made the same fairly without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the

(a) 1 vol. 191, pl. 8. (b) See 10 Opin. 261.

(c) See Reeside v. United States, 2 N. & H. 1; Mowry v. United States, Ibid. 68; Crowell v. United States, Ibid. 501. An officer in command of a department may decide on the existence of such an exigency. Stevens v. United States, 2 N. & H. 95.

(d) Where the expenditure of an appropriation is specifically confided to the discretion of one of the secretaries, he may award contracts therefor, without advertising. Fowler v. United States, 3 N. & H. 43.

(e) 12 Stat. 103.

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